Misdemeanor. Felony. Appointment of shall place, or having the right to prevent it, shall suffer any animal to be placed within the fences thereof for grazing or other purposes, shall be guilty of a misdemeanor. SEC. 6. Any person who may be employed upon the railroad of any company in this State as engineer, conductor, baggage-master, brakeman, switchman, fireman, bridgetender, flagman, or signalman, or who may have charge of the regulation or running of trains upon said railroad in any manner whatever, and who shall become or be intoxicated while engaged in the discharge of his duties, shall be guilty of a misdemeanor, and on conviction thereof shall be punished for each offense by a fine not exceeding five hundred dollars, or by imprisonment in a County Jail for a term not exceeding six months, or both, in the discretion of the Court having cognizance of the offense; and if any person so employed as aforesaid, by reason of such intoxication, shall do any act, or neglect any duty, which act or neglect shall cause the death of, or bodily injury to any person or persons, he shall be deemed guilty of a felony. SEC. 7. The Governor may, from time to time, upon the policemen. application of any railroad or steamboat company, commission during his pleasure, one or more persons designated by such company, who, having been duly sworn, may act at its expense as policemen, with the powers of a Deputy Sheriff, upon the premises used by it in its business, or upon its cars or vessels. The company designating such person shall be responsible civilly for any abuse of his authority. Shield. Repeal. SEC. 8. Every such policeman shall, when on duty, wear in plain view a shield bearing the words "Railroad Police," or "Steamboat Police," as the case may be, and the name of the company for which he is commissioned. SEC. 9. Every person who shall fraudulently evade or attempt to evade the payment of his fare for traveling on any railroad shall be fined not less than five nor more than twenty dollars. SEC. 10. An Act entitled an Act to provide for the appointment of Commissioners of Transportation, to fix the maximum charges for freights and fares, and to prevent extortion and discrimination on railroads in this State, approved April third, eighteen hundred and seventy-six, is hereby repealed, and all other Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed, so far as they conflict herewith. SEC. 11. This Act shall take effect and be in force from and after its passage. CHAP. DCXLII.-An Act to provide for the payment of deficiencies in the appropriation for pay for procuring and listing lands to the State by the United States, for the 24th and 25th fiscal years. [Approved April 1, 1878.] The People of the State of California, represented in Senate and ized. SECTION 1. The sum of nine thousand four hundred and Appropriaforty-eight dollars is hereby appropriated out of the General tion authorFund, in the State treasury, to pay the claims of the Registers and Receivers of the United States Land Offices in this State, which accrued during the twenty-fifth fiscal years, under the Act of Congress, approved July first, eighteen hundred and sixty-four, for the location of lands by States under grants from Congress. SEC. 2. This Act shall take effect immediately. CHAP. DCXLIII.-An Act to create a drainage district, to be called the Sacramento River Drainage District, to establish a Board of Commissioners therefor, and to define their powers and duties. [Approved April 1, 1878.] The People of the State of California, represented in Senate and district SECTION 1. All that certain territory situated in the Coun- Boundaries ties of Yolo, Solano, and Sacramento, and bounded and of drainage described as follows, to wit: Beginning at a point in Yolo defined. County at the intersection of the center line of the main track of the California Pacific Railroad with the right bank of the Sacramento River at the Town of Knight's Landing, and running thence southerly along the center line of said track to its intersection with the line of the State segregation, between the swamp and overflowed lands and the high lands; thence southerly and following the State said segregation line, or, where there is no such line, following the United States segregation line between said lands, to the south line of townships eleven north, range two east; thence due south to the south line of the Rancho Rio de Jesus Maria; thence west three-fourths of a mile to the northwest corner of the southeast quarter of section twenty-two, township ten north, range two east; thence southerly and following said segregation lines to the center of Putah Creek; thence up the center of Putah Creek to the line between sections nineteen and twenty, township eight north, range two east; thence south to the southwest corner of section twenty-nine, same township; thence east to the northwest corner of the northeast quarter of section thirty-three, township eight north, district defined. Boundaries range three east; thence southerly, following said segregaof drainage tion lines to the northwest corner of the northeast quarter of the northeast quarter of section nine, township five north, range two east; thence west one and one-fourth miles; thence south one mile; thence west one mile; thence south one and one-fourth miles; thence east one-half mile; thence south one-fourth mile; thence east one-fourth mile, to the northwest corner of the northeast quarter of the southwest quarter of section twenty, same township; thence southerly, following said segregation lines to the southeast corner of section. one, township four north, range two east; thence due south, crossing the Sacramento River to the left bank thereof; thence down the left bank of the Sacramento River to its junction with the right bank of the San Joaquin River at the foot of Sherman Island; thence up the right bank of the San Joaquin River to its intersection with the center of the Mokelumne River; thence up the center of the Mokelumne River and south fork thereof to the center of Dry Creek; thence up the center of Dry Creek to its intersection with said segregation line; thence northerly following said segregation lines to the west line of township seven north, range five east; thence north to the south line of the City of Sacramento; thence easterly, northerly, and westerly along the exterior lines of said city to the intersection of the north line thereof with a direct southerly extension of the east line of the northwest quarter of section thirty-one, township nine north, range five east; thence north and northerly following said segregation lines to the north line of Sacramento County; thence west on said line and crossing the Sacramento River to the right bank thereof; thence up the right bank of the Sacramento River to the place of beginning, is hereby created a drainage district, to be called "The Sacramento River Drainage District," for the purpose of draining the surplus waters of the Sacramento River and the waters flowing from the east side of the coast range of mountains, in the Counties of Yolo and Solano, into Suisun Bay. Said object shall be effected by the construction of the following works, to wit: A main canal, leading from the Sacramento River at or near the place called Charleston, or Gray's Bend, in Yolo County, and running in a southerly and southwesterly direction to the basin of Nurse's Slough, in Solano County, and thence to Suisun Bay; the waters coming from the coast range of mountains, from Cache Creek southerly, to be diverted and turned into said canal; also, in connection therewith, an auxiliary canal, if necessary, leading from the Sacramento River, near the mouth of the American River, to said main canal; also, such auxiliary works as may be necessary for constructing or protecting said canals, or for rendering them effective. Governor to appoint missioners. SEC. 2. The Governor shall appoint three competent perthree Com- sons as Commissioners for said district, who shall hold office for four years and until their successors are appointed and qualified. They shall each, immediately after their appointment, take and subscribe the official oath, and file the same in the office of the Secretary of State. Within thirty days. after the passage of this Act, said Commissioners shall meet at the City of Sacramento and organize a Board, by the election of a President from their number, which Board shall be called "The Board of Commissioners of the Sacramento River Drainage District," and under that name shall have perpetual succession, may sue and be sued in all Courts and places, and in any proceedings whatsoever, shall have and use a common seal, and may acquire and hold real and personal property for the uses and purposes mentioned in this Act. Said Board shall have the management of the Power of business of the district, and shall have power to construct, Commis alter, and keep in repair the works mentioned in this Act, and for that purpose to appoint attorneys, agents, and servants, and provide for their compensation, and generally to do and perform all acts necessary to carry out the powers hereby conferred. Said Board shall appoint a Secretary, who shall not be one of their number, and shall keep a record of their proceedings. The office of said Board shall be in the City of Sacramento. All vacancies in the Board shall be filled by the Governor. sioners. be appointed. SEC. 3. As soon as practicable after their organization, Engineers said Board shall appoint one or more competent engineers, to to examine, survey, plan, and locate the works required by section one of this Act, and to make estimates of the cost thereof. Said engineers shall, in the first instance, make a preliminary survey and reconnoissance, for the purpose of ascertaining the feasibility and effectiveness of such proposed works, and the probable cost thereof. Upon the completion shall make of such preliminary survey, said engineers shall make a full report. report thereof to said Board, and shall file duplicates thereof in the offices of the Secretary of State and State SurveyorGeneral. If said engineers shall report that, in their opinion, such proposed works are not feasible, or will not be reasonably effective for the purposes intended, or will cause material injury to Suisun Bay, or other navigable waters of the State, or to any private lands, or that the probable cost thereof will exceed the amount of money for which bonds are authorized by this Act to be issued, then and in that event, no further proceedings shall be had under this Act. The sum of ten thousand dollars is hereby appropriated out of any funds in the State treasury, not otherwise appropriated, for the purpose of paying the expenses of such preliminary survey and reconnoissance. SEC. 4. If, after such preliminary survey, said engineers Favorable shall report that, in their opinion, the proposed works are report. feasible, and will be reasonably effective for the purpose intended; that the same will not cause any material injury to Suisun Bay, or other navigable waters of the State, or to any private lands, and that the probable cost of the same will not exceed the amount of money for which bonds are authorized by this Act to be issued, and said opinion and report of the engineers is concurred in and approved by the State Engineer, or the consulting engineers, then said Board of Commissioners shall direct said engineers to survey, plan, and locate said works, and make estimates of the cost thereof, be held. by sections, as herein provided. Said engineers shall return to the Board complete field notes and maps of such survey; and, when plans have been adopted by the Board, the engineer shall also return full working plans and specifications for such works, which must be approved by the State Election to Engineer, or the consulting engineers. Upon the adoption of plans, the Board shall give notice of an election to be held in said district, for the purpose of determining whether the works contemplated shall be commenced and prosecuted. Such election shall be called and held in all respects as provided in section six of this Act, and the ballots shall contain the words, "For the work," or "Against the work," or words equivalent thereto, written or printed thereon. If a majority of the votes cast shall be against the work, the Board may proceed to adopt new plans, and submit the same at a second election, in the same manner; and if the result of said election be against the work, no further proceedings shall be had. If, at either election, such plans shall be ratified, the Board shall proceed to acquire all lands and rights of way that may be required for such work, either by gift, purchase, or condemnation, and for that purpose may institute and carry on proceedings under the provisions of Title Right of way Seven, of Part Three, of the Code of Civil Procedure. There granted. Power of Commis sioners of is hereby granted, dedicated, and set apart, for the purposes herein mentioned, the right of way over all lands belonging, or that may belong to the State, and the right to divert all or any portion of the water mentioned in section one of this Act, except the waters of the Sacramento River, of which no more shall be diverted than is necessary as a protection against overflow, and in no case to such extent as to interfere with the navigation of said river. The Board of Commissioners shall have power to construct the said works across any stream of water, water-course, bay, lake, street, avenue, highway, railway, canal, ditch, flume, dam, or levee, which the route of said canals may intersect or cross, in such manner as to afford security for life and property; but said Commissioners shall restore the same, as near as may be, to its former state, or in a sufficient manner not unnecessarily to impair its usefulness; provided, that said Board of Commissioners shall not be required, as a condition to crossing any road, to construct any bridge, unless such road is usually passable for travel throughout the winter season, nor unless the Court or jury shall find that such bridge will be of sufficient public importance to warrant the expense of the construction of the same. SEC. 5. Upon the adoption and ratification of plans for Assessment. Such works, the Board of Commissioners shall certify that fact to the Governor, who shall thereupon appoint three competent and disinterested persons, who shall not be residents or land owners within the district, or interested, directly or indirectly, in any lands therein, to act as Commissioners of Assessment for said district. Said Commissioners of Assessment shall each take and subscribe the official oath, and file the same in the office of the Secretary of State. They shall then proceed to view the lands within |